PEOPLE OF THE PHILIPPINES vs. RHODORA SULIT Y MONASTERIAL G.R. No.

104284 June 14, 1994

FACTS: Sometime in the evening of February 7, 1991, Pat. Arturo

Buenaobra acting as a poseur buyer together with three other policemen conducted a police buy bust operation somewhere along Prudencia St., Tondo, Manila. He and a civilian informant proceeded to the residence of the accused Doray, real name Rhodora Sulit, while his companions were hiding themselves from a place where they could actually see the buying of the shabu. Upon seeing Doray, they approached her and told her that he would like to buy P100.00 worth of shabu and gave the marked P100.00 without further introduction. After he gave the P100.00, the latter went inside her house and in a few seconds, came back and gave him one deck of shabu. Doray, sensing that the buyer was a policeman, immediately entered her house prompting the police poseur buyer Pat. Buenaobra to chase her and made the arrest. Issue: Whether or not the accused-appellant is guilty of selling shabu in
violation of Section 15, Article III of R.A. No. 6425 (Dangerous Drugs Act of 1972). Ruling: The accused-appellant was acquitted because of the failure of the prosecution to prove her guilt beyond reasonable doubt. And if indeed Pat. Buenaobra was the poseur-buyer in this case, we find it hard to believe that when the accusedappellant allegedly handed to him the deck of shabu and he received it, he did not immediately arrest her. She was still able to re-enter her house.